GAZETTE NOTICE NO. 10340

IN EXERCISE of the powers conferred by section 92 (5) of the Proceeds of Crime and Anti-Money Laundering Act, 2009, the Registrar High Court gives notice to: Peter Oluwafemi Oloiwon THAT the High Court has issued Forfeiture Orders in High Court Civil Suit (Anti-Corruption and Economic Crimes Division) No. E2 of 2022 as specified in the Schedule hereto: SCHEDULE REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI ANTI-CORRUPTION AND ECONOMIC CRIMES DIVISION BETWEEN THE ASSETS RECOVERY AGENCY—(Applicant) VERSUS PETER OLUWAFEMI OLOIWON—(Respondent) BEFORE HON. JUSTICE PROF.(DR.) SIFUNA NIXON IN COURT ON 28TH DAY OF JULY, 2023 DECREE CLAIM FOR IN THE SUIT. (a) An Order declaring as proceeds of crime and therefore liable for forfeiture to the Kenya Government, USD 28,000 (twenty- eight Thousand US Dollars) recovered from the Respondent. (b) An Order that the said USD 28,000(twenty-eight Thousand US Dollars) recovered from the Respondent be forfeited to the Applicant (The Assets Recovery Agency). (c) An Order that the said USD 28,000(twenty-eight Thousand US Dollars) forfeited to the Government of Kenya and transferred to the Assets Recovery Agency. (d) Any other ancillary orders that the Court may deem appropriate to facilitate the transfer of the said USD 28,000(twenty - eight Thousand US Dollars) to the Government (e) Cost of the Proceedings. THIS MATTER coming up for Judgement on 28th July 2023 before Hon Justice Prof. (Dr.) Sifuna Nixon, for Application dated 24th January 2022 brought by Counsel for the Applicant by way of Notice of Motion, brought under sections 81, 90 and 92 of the Proceeds of crime and Anti money laundering Act as read together with Order 51 of the Civil Procedure Rules IN THE PRECENCE OF Counsel for the Applicant and Counsel for the Respondent. IT IS HEREBY ORDERED AND DECREED THAT: 1. THAT the USD 28,000 recovered from the Respondent on 5th November, 2021 be and is hereby forthwith forfeited to the Government of Kenya. 2. THAT the said USD 28,000 shall within 30 (thirty) days from today be transferred from the Applicant Agency’s (Assets Recovery Agency) Bank Account No. 1240221339 Kenya Commercial Bank Limited, KICC Branch, to the National Treasury. 3. THAT Chief Executive Officer (CEO) of the Agency shall within 7 days from the date of this Judgment ensure the said USD 28,000 is transferred to the National Treasury, and file an Affidavit in this suit, confirming the said transfer and providing documentary proof. 4. THAT Upon the said USD 28,000 being received at the National Treasury, the Principal Secretary shall within 7 (seven) days from the date the funds are received, file an affidavit in this suit confirming acknowledging receipt of the said money and confirming that that the same is being transmitted to the Consolidated Fund. 5. THAT a structural interdict be and is hereby issued requiring the Cabinet Secretary of the National Treasury to fast-track and as soon as is practicable issue and place before Parliament for approval, the Regulations for the operationalization of the Fund (the Criminal Recovery Fund), and within six (6) months from today file a Report in this Court on the progress. 6. THAT in the intervening period between now and the time when the said Fund (the Criminal Recovery Fund) is operationalized, all monies that courts order to be forfeited to the Government shall be paid into the National Treasury. 7. THAT upon the Fund (the Criminal Recovery Fund) being operationalized, the Assets Recovery Agency shall within 90 (ninety) days from the date of such operationalization, transfer to the Fund, all the preserved and forfeited assets and property, 4th August, 2023 THE KENYA GAZETTE as well as all the monies as shall be on its bank account No. 1240221339 Kenya Commercial Bank Limited, KICC Branch, and any such other Bank Accounts. 8. THAT the Assets Recovery Agency shall within 45 (forty-five) days from the date of this Judgment submit to the Auditor General, a report detailing the list and particulars of all the monies, assets and property it is holding under Preservation Orders and Forfeiture Orders. 9. THAT the Deputy Registrar of this Court, shall extract these Orders and serve them on (a) the Chief Executive Officer of the Assets Recovery Agency, (b) the Cabinet Secretary of the National Treasury, (c) the Principal Secretary of the National Treasury, (d) the Auditor-General, and (e) the Honorable Attorney-General. 10. THAT the Deputy Registrar shall pursuant to section 92 (5) within 14 (fourteen) days from the date of this Judgment publish in the Kenya Gazette, a notice of these orders. 11. THAT the Applicant and the Respondent shall each bear its own costs of this suit. 12. THAT this suit shall be mentioned on 7th February, 2024 to confirm compliance with these Orders. GIVEN under my Hand and Seal of this Honourable Court on this 28h day of July, 2023. ISSUED at NAIROBI this 2nd day of August, 2023. EMILY NYAKUNDI, Deputy Registrar, Anti-Corruption and Economic Crimes Division High Court of Kenya, Nairobi. Dated the 3rd August, 2023. CLARENCE AWUOR-OTIENO, Registrar, High Court of Kenya.